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The court released counsel from an undertaking over estate sale proceeds, holding the named lawyer’s consent term failed once he stopped acting for Anna.
The court awarded the petitioner costs for several contested family-related applications, assessed them under Rule 14-1(15), and ordered payment of $8,057.23.
The court held that a promissory note for $330,000 was authentic and binding on Ms. Hart under a broad enduring power of attorney, with unjust enrichment as an alternative basis.
The court held that an attorney could not be authorized to gift $250,000 to himself because the enduring power of attorney did not expressly permit it.
Appeal allowed in part: the Court held miscarriage of justice for ineffective counsel is not an available ground in this civil appeal; the trial judge did not err in fixing the accounting period or in applying the legal obligation to account (as distinct from an adverse inference), but did err in failing to account for potential double counting of income derived from RIFs/investments and therefore remitted the matter to the trial judge to reassess the amount of "new money" for which the attorney must account.
Source excerpt
The court dismissed a mortgage foreclosure application, finding triable issues about whether the claimed $3.5 million was advanced and what was actually owing.
The court dismissed a defendant’s bid to bifurcate a specific performance trial over a land sale, finding the issues were intertwined and no real savings were shown.
Section 5(1)(c) of the Powers of Attorney Act, read purposively and in context, permits a court to appoint a substitute attorney even where the named attorneys have died; there is no statutory precondition requiring a named attorney to have applied or renounced prior to death, and the court may appoint a substitute to effect the donor's intent, therefore the appeal is allowed and the substitute is appointed.
Source excerpt
The court found Ursula Evans lacked capacity and appointed Gail Florence Nelson as committee of the person and estate on protective terms, refusing Donna’s competing application.
The court found Fotini Sipsas incapable under the Patients Property Act and appointed Jerry Sipsas as sole committee of her person and estate.
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